The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-05-27
JOHN NEWMAN'S TRIAL
FOR THE MURDER lor-J, BAXTER,
Near Proctor Last Octobor-A Number of
Witnesses Examined Widow Of BaI.
tor Tolls the Story Of the Crime-Ths
Toll Tale Mark Of tho Gun Stock.


shooting one Chas. L. Smith, In which
case Newman was only found guilty Of as.
sault and battery. The objection was over.
ruled by the court, and the plea Of mot
guilty" having been entered and issue
thereon joined, the jury wns sworn. Hon.
7. l. stealy Is tho presiding Judge, and
although this Is his frat term OF office, he
has had unusual experience In murder
trialH, this one being the twenty seventh
trial OF the kind In which he has been
called upon to preside.
Captain B. d. Dovener opened the case
for tho State, reading portion OF the law
and detailing in part the facts tho State
expect to prove in support OF the charge
against the prisoner.
Col. w. W. Arnett stated the case for
the defense, in which statement no said
that the deiSnso rested their case upon no
teehniealiies, but upon a positive and
emphatic denial that John N. Newman
ever had anythingto do with the killing
OF Jacob Il. Baxter. Captain B. 3. Doy-
ener, by way Of reply, spoke Of tho cir.
cumstantial facts Of the CASE as being
ohaihot tIo PilauAeis
THE WIDOWS STORY.
Mrs. Melvina Baxter, widow OF Jscob
r. Baxter, was tho frat witness. She said
she was the widow Of Jacob R. Baxter de-
ceased; that her husband Jacob R. Bax.
ter was killed on the evening Of the 30:h
OF October, 1856; that her nearest neigh
hor is James Newman the prisoner, John
N. Newman, lives close by James New.
man. Ho is James Newman's son. She
has three children, Woolslsy, Sample and
Herman. Mrs. Baxter said: Mics Jennie
O'Neili was at our honse the evening OF
tho murder and We were preparing to 20
to bad, aud were tsikins about where We
would sleep. l told Jacob tina. he and
the two little boys would sleep down
stairs and Miss O'Neill sud and our lit
tic daughter wonld go Mp stairs to sleep.
l then said TO Jennie O'Neill, let's 20 ont,
and when We started Jacob aaid laugh
inQly, III go out with you. He got up
and came 10 TIE door. We looked back
and Miss O'Neill ssid, why Jake is stand.
ing there yet. Just tten l heard two
shots. Iasid my God, what is that? Miss
O'Neil! said its revolver. ! said Jaks
has no revolver. Jennie eaid yes, Pap
Eert his 10 town by Jake 10 yet fixed.
AS coon as l could | came around the
houss to see, ard found Jscob lying on
the front door etep. | said Jake get Up,
don't lay here, you are trying to fool ua.
| then stopped down and raiHed his .hrsd
up ard found that he had been shot. lie
wac dead. Jennie O'Seill and l stood
thers for as much ss six minutes fcresm.
ing aud calling fer help. Our cries could
have been heard as far as either Mr.. John
NJ. or Jsnes NsTman's. My little boy
"Woolsley" went to the bell md COM
menced to ring it.
NONE or THE SswAASs ArPRAn.
I started for help and went to Mr..
O'Nei!l'e, abont one mile and half away.
Ihcard tho ball all the way to Mr.. O'Neill'e,
OF Mr.. O'Neill's aud sll the way bsck. l
paced tho NevTsns on my way 10 Mr..
O'Neil!, also on my way back. AS / pasE-
ed the residence OF John II. and Jsmos
Newman saw no one nor any one stirring.
When 20. bsck home several neighboIs
had coma in, Mr.. Hoyt, Charles Smith
and Cyrus Smith, his brother. They lived
shout one mile svsy, John NJ. Newman
lived abort one.halt mile away. Benton
Hut and John Minor Sere also there.
John ". Newman did not come until the
next day. He was then in the custody OF
OF tn officer. The neighbors generally
came in on that night aud early the mex.
morning
in the morning l saw in the weather.
knn-.Ist,., rt,ht l,,l aida ~ th,
door mari which locked Ike il had been
struck by large bail. There was ball
in tie Teatherboard. 1t has been tsken
OUT. About tHo or three weeks before this
occurrence saw John Newman going by
with gun. He ~eG riding and carrying
the gun on his shoulder. He seemed 10
be coming from the river.
The clothing Bs8ter wore the night OF
the murder was produced in court, itenti-
fed and offered in evidence. Tho de.
tense objected 10 their production, lnrer-
ruled and defense excepted
tbs shirt Sas here shown With the bu!-
Let hole in il inst bs!oT the neck band.
iu the cross examination by Col. Afaett
Mrs. Baxter said: My husband WAS shot
about o'clock in tho evening. had
been absent from him About four minutes
when heard the shot. When We went
around the end OF tho honse my husband
was standing on tho stepping stone in
front Of the door. After ~o heard the
shot To went around 10 gee what 1t Eas.
went fret and fonnd my husband lying
on the ground. (Some evidence was here
taken as to tho relative position OF the
sssass:n and her hugband while standing,
&c)
The witness wRn then iEtorrogated by
Captain DOyencr az to Roms Htataments
shO had made in Cross examination ag 10
the relative position OF the assassin ut the
time OF firing tho Ehot, her husband and
tho distance they were spGst, she Haying
thst the apple tree under which tho man
firing tho shot utood and her husband was
about aixteeR HtePs apart.
JENNIE o'SgILL's TESTIMONY.
Jennie 0'Neill teSti6ed that she was at
Jacob r. Bart8r's on the 81 OF October,
1856, ut the time Of his death. We TeTe
talking about going 10 bed. 1t WAS 8
o'cloc.. Bnih it vas time to 20 to bed.
Wa went aronnd g the end OF the house
and in snort time We heard two shots
ciOao together. Wo went back and found
Jake lying ct tho front door. Mrs, Baxter
gpoko to him and said, Jake, got up;
don't lie ,hsre trying, to fool ca.' She
thsn at0opcd down and raised him up,
when chs ugid, "Siy God, he's dead"
We rcrcamed aud called Tor help, and
the little hoy, Woolsley bs.ter, rang the
bell. iIs rang i. for about one hour.
Some Of the neighbour came In, Mr. Hoyt,
the smiths, IoLr Minor, John Change
and others. None OF the Sowmans came.
They live about oRe.hali Dile from the
Bs I ;pr fe3deucn. Mm. Baxter went TO
Mr. o Nellie. sha "aB gone almost ono
hGnr and hall.
John Chance was HTorn: ] 1--we on
Proctor; lived there on tho 81 day OF
October, 1856. won: to Jacob BsI ,ei 8
on that night. heard the bel and
thought there wss hre or Bolno trouble.
When got there the bell was htill ring
ing. na. Joseph Baxter lying on tho
door step dead. lEaw plenty Of noighborB
there that night and early next morning.